AFBF Says the Message is Clear: WOTUS is a Bad Rule

With the Waters of the US rule controversy and confusion continuing on with lawsuits and preliminary injunctions now in 27 states, plus a Supreme Court ruling in the Sackett case expected soon, there has also been congressional action that has taken place at the same time. AFBF, Senior Director of Government Affairs, Courtney Briggs says All of this points to a clear message.

“There was a Congressional Review Act resolution that was brought forward and Congressional Review Act is a mechanism that Congress has where they can roll back a regulatory action taken by the administration and prevent them from using this rule as the basis for future rulemaking. And it's very noteworthy because a majority of Congress has said that this is a bad rule in a bipartisan fashion. So the Congressional Review Act resolution passed both the House in the Senate and was sent to the President's desk, and unfortunately, President Biden vetoed that resolution. So with one swipe of the pen, he fails to, you know, move forward the will of Congress who said, you know, this is a troubling rule and this needs to be rolled back. So, you know, I don't know who else they need to hear from, but this rule is incredibly vague and very troubling. “

Briggs says AFBF feels that Biden administration should have waited to issue their WOTUS rule until after the saqa case Supreme Court decision is made as the outcome of this case should bring much needed clarity to the scope of the rule.